Glass v. Cracovaner

Appellate Division of the Supreme Court of New York

Glass v. Cracovaner

283 A.D. 779, 128 N.Y.S.2d 289, 1954 N.Y. App. Div. LEXIS 6518

Appellate Division of the Supreme Court of the State of New York·Decided March 16, 1954·Published·Cited by 2 cases

Opinion

Special circumstances have been shown justifying the examination of Dr. Paltauf as a witness. Although an employee of defendant hospital, he was not acting for the hospital in any way connected [780]*780with the death which is the subject of complaint in this action and it would not be in order to examine him under rule 121-a of the Rules of Civil Practice. If plaintiff wishes to examine the doctor, the examination should be sought of him as a witness upon specified necessary and material items. Order unanimously affirmed, without costs, and without prejudice to further proceedings in accordance with the above. Present — Peck, P. J., Dore, Breitel, Bastow and Bergan, JJ.

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Special circumstances have been shown justifying the examination of Dr. Paltauf as a witness. Although an employee of defendant hospital, he was not acting for the hospital in any way connected [780]*780with the death which is the subject of complaint in this action and it would not be in order to examine him under rule 121-a of the Rules of Civil Practice. If plaintiff wishes to examine the doctor, the examination should be sought of him as a witness upon specified necessary and material items. Order unanimously affirmed, without costs, and without prejudice to further proceedings in accordance with the above. Present — Peck, P. J., Dore, Breitel, Bastow and Bergan, JJ.

Glass v. Cracovaner, 283 A.D. 779, 128 N.Y.S.2d 289, 1954 N.Y. App. Div. LEXIS 6518 (N.Y. Ct. App. 1954).

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283 A.D. 779 (Glass v. Cracovaner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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